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F I S C A L I M P A C T R E P O R T

SPONSOR Sharer

DATE TYPED 3/7/2005 HB

SHORT TITLE Parent Education Course for Certain Divorces

SB 1042

ANALYST Dunbar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$100.0-$400.0

See Narrative Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children Youth and Families Department (CYFD)

Attorney General (AG)

SUMMARY

Synopsis of Bill

Senate Bill 1042 requires parents to complete a parent education course when petitioning the

court for dissolution of a marriage in which minor children are involved. Prior to the issuance of

a divorce decree by the district court, each parent shall complete an eight-hour course for the

purpose of educating the parties on the impact of divorce on children, parenting issues for di-

vorced parents, cooperative parenting, financial and parental responsibilities and dispute resolu-

tion.

Significant Issues

The bill specifies that a course instructor must be either a licensed professional or a official rep-

resentative of a religious institution. CYFD would determine the content of the parent education

course based on a review of comparable courses in other states and would approve course in-

structors. A fee schedule would be determined for course attendees and the fees generated would

pay for the instructor’s costs of providing the course. Each party attending a parent education

course would pay a fee directly to the course instructor. CYFD is required to reimburse course

instructors for unpaid fees not received due to a party’s inability to pay.

Senate Bill 1042 Page 2

The course is limited to divorcing couples however there are other legal relationships involving

the custody of children that could be included, such as non-traditional custodial parents and pa-

ternity actions.

The AG notes the bill requires that each party to a divorce complete the parenting course prior to

the issuance of a divorce decree. However, there is no time frame included in the legislation. Pre-

sumably, such a course would be most helpful as the couple went through the sometimes-

acrimonious divorce process. This process can take place over years. Parties should be required

to complete the class within a reasonable time period after the filing of the petition.

Also, the AG indicates there is no enforcement provision. The only penalty in the legislation is

the refusal to grant a decree, which may be used as a tool or weapon by an uncooperative spouse.

Appropriate sanctions could include holding the non-compliant party in contempt, denying or

restricting the non-compliant parties shared parental responsibility, or financial penalties.

FISCAL IMPLICATIONS

The bill makes no appropriation. CYFD is required to reimburse course instructors for unpaid

fees not received due to a party’s inability to pay.

There is no way to determine what the scale will be as the fees are set by the instructor, with

CYFD approval. There is no definition of “inability to pay”, therefore CYFD could experience

significant financial burden. There is no appropriation for the administration of this program.

ADMINISTRATIVE IMPLICATIONS

The bill requires CYFD to oversee development of the parent education course, to coordinate

and approve instructors, to coordinate referrals with district courts throughout the thirteen dis-

tricts, to determine a reasonable fee schedule and non-payment reimbursement plan for instruc-

tors, and to monitor actual client reimbursement.

CYFD may require additional staff to administrate the hiring of instructors, approval of course

content, and administering the financial need portion of the program.

TECHNICAL ISSUES

Although CYFD is required to reimburse course instructors for unpaid fees not received due to a

party’s inability to pay, the bill makes no provision for client responsibility or for recouping un-

paid fees.

Because divorce proceedings and decrees occur in district court, the Administrative Office of the

Courts may be an appropriate administrator for the program.

BD/lg